Silvestri v. State

PEARSON, Judge.

Joseph V. Silvestri, the defendant, appeals from a judgment of guilty and sentence thereon upon information charging him with misapplication of funds constituting embezzlement, pursuant to § 84.07, Fla.Stat., F.S.A. We hold that the evidence fails to establish an essential element of the crime and reverse.

The crime defined in the statute while similar to embezzlement actually depends upon elements different from those constituting the crime of embezzlement as defined in Chapter 812, Fla.Stat., F.S.A. An analysis of the statute, the violation of which is charged here, reveals…